California Trucking Assoc. v. CA Air Resources Board et al

Filing 17

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/20/23 EXTENDING time to 03/14/24 for Defendants CA Air Resources Board and Steven S. Cliff to file a response to Plaintiff's Complaint for Declaratory Judgment and Injunctive Relief. (Benson, A.)

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ROB BONTA, State Bar No. 202668
Attorney General of California
MYUNG J. PARK, State Bar No. 210866
Supervising Deputy Attorney General
DAVID M. MEEKER, State Bar No. 273814
JONATHAN A. WIENER, State Bar No. 265006
M. ELAINE MECKENSTOCK, State Bar No. 268861
Deputy Attorneys General
1515 Clay Street, 20th Floor
Oakland, CA 94612-1492
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Air Resources
Board and Steven S. Cliff, in his official capacity

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CALIFORNIA TRUCKING
ASSOCIATION, A CALIFORNIA
CORPORATION,

2:23-cv-02333-TLN-CKD
STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANTS TO
Plaintiff, RESPOND TO COMPLAINT

v.

Judge:
Hon. Troy L. Nunley
Trial Date:
None set
Action Filed: October 16, 2023

CALIFORNIA AIR RESOURCES BOARD;
STEVEN S. CLIFF, IN HIS OFFICIAL
CAPACITY; AND DOES 1 THROUGH 25,
INCLUSIVE,
Defendants.

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Stip. and Order to Extend Time for Defendants to Respond to Complaint (2:23-cv-2333-TLN-CKD)

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Under Local Rule 144, Plaintiff California Trucking Association (Plaintiff or CTA) and

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Defendants California Air Resources Board and Steven S. Cliff, in his official capacity

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(collectively, Defendants), hereby stipulate to extend the time for Defendants to respond to

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Plaintiff’s Complaint, as follows:

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1.

Plaintiff filed the Complaint in this action on October 16, 2023 and served

Defendants on October 19, 2023.
2.

On October 30, 2023, the parties stipulated to extend Defendants’ deadline to respond

to the Complaint by 28 days from November 9, 2023 to December 7, 2023.
3.

On December 1, 2023, this Court signed a stipulation and order extending

Defendants’ deadline to respond to the Complaint until December 21, 2023.
4.

Meanwhile, on November 17, 2023, the California Air Resources Board (CARB)

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submitted to the United States Environmental Protection Agency a request for a Clean Air Act

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preemption waiver that, pursuant to 42 U.S.C. § 7543(b)(1), would authorize CARB’s

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enforcement of the challenged portions of the Advanced Clean Fleets regulation.

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5.

The parties have had productive discussions about actions CARB plans to take,

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pursuant to that regulation, while the waiver request is pending. CARB is memorializing those

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discussions in a letter to Plaintiff and plans to issue a public enforcement advisory as well.

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6.

As a consequence of the parties’ discussions, CTA has decided not to file the

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preliminary injunction motion it had planned to file on December 21, 2023. And the parties have

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agreed that extending the time to March 14, 2024, for Defendants to file a motion to dismiss or

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other responsive pleading would facilitate further potentially productive discussions between the

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parties.

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Stip. and Order to Extend Time for Defendants to Respond to Complaint (2:23-cv-2333-TLN-CKD)

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Dated: December 20, 2023

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/s/ M. Elaine Meckenstock
M. ELAINE MECKENSTOCK
Deputy Attorney General
Attorneys for Defendants California Air Resources
Board and Steven S. Cliff, in his official capacity

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ROB BONTA
Attorney General of California
MYUNG J. PARK
Supervising Deputy Attorney General

Dated: December 20, 2023

HOLLAND AND KNIGHT LLP

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/s/ Marne S. Sussman (as authorized on Dec. 20, 2023)
Marne S. Sussman
Attorneys for Plaintiff California Trucking Association

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Stip. and Order to Extend Time for Defendants to Respond to Complaint (2:23-cv-2333-TLN-CKD)

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ORDER
Based on the foregoing stipulation of the parties, and for good cause shown, the time for

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Defendants California Air Resources Board and Steven S. Cliff, in his official capacity, to file a

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response to Plaintiff’s Complaint for Declaratory Judgment and Injunctive Relief, ECF No. 1, is

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hereby extended to March 14, 2024.

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Dated: December 20, 2023
Troy L. Nunley
United States District Judge

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Stip. and Order to Extend Time for Defendants to Respond to Complaint (2:23-cv-2333-TLN-CKD)